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Born in the USA

Born in the USA

Old Jul 16th 2007, 5:45 pm
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Default Born in the USA

Hi,

I have just moved to America and just found out I am pregnant, trying to work out whether I will be better to go home to the UK to have the baby, or whether to have the baby here, and what all this will mean for the nationality of the baby. I am a UK citizen, so the baby will get UK citizenship-but not sure whether it would get US citizenship too-and what that would mean. I have searched on the web, but it is all very confusing-any advice would be appreciated,

Thanks
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Old Jul 16th 2007, 5:48 pm
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Default Re: Born in the USA

Originally Posted by scottishlass7 View Post
Hi,

I have just moved to America and just found out I am pregnant, trying to work out whether I will be better to go home to the UK to have the baby, or whether to have the baby here, and what all this will mean for the nationality of the baby. I am a UK citizen, so the baby will get UK citizenship-but not sure whether it would get US citizenship too-and what that would mean. I have searched on the web, but it is all very confusing-any advice would be appreciated,

Thanks
hiya and first of all welcome to BE

sorry can't help with your dilemma but i'm sure someone will be along soon with valuable information.
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Old Jul 16th 2007, 5:49 pm
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Default Re: Born in the USA

Originally Posted by scottishlass7 View Post
Hi,

I have just moved to America and just found out I am pregnant, trying to work out whether I will be better to go home to the UK to have the baby, or whether to have the baby here, and what all this will mean for the nationality of the baby. I am a UK citizen, so the baby will get UK citizenship-but not sure whether it would get US citizenship too-and what that would mean. I have searched on the web, but it is all very confusing-any advice would be appreciated,

Thanks
We need to know:

Nationality of father.
Your health insurance coverage in the US.
Your status in the US

To give a comprehensive answer.
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Old Jul 16th 2007, 5:51 pm
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Default Re: Born in the USA

Originally Posted by scottishlass7 View Post
Hi,

I have just moved to America and just found out I am pregnant, trying to work out whether I will be better to go home to the UK to have the baby, or whether to have the baby here, and what all this will mean for the nationality of the baby. I am a UK citizen, so the baby will get UK citizenship-but not sure whether it would get US citizenship too-and what that would mean. I have searched on the web, but it is all very confusing-any advice would be appreciated,

Thanks
Hello and welcome to BE
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Old Jul 16th 2007, 5:59 pm
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Default Re: Born in the USA

Hi everyone, thanks for the welcome!
The father s a UK citizen too, I am here on an L2 visa-he is on an L1. Not totally sure about health insurance yet, but should be fairly comprehensive as he works for a big oil company and they provide the healthcare etc.
Thanks again!
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Old Jul 16th 2007, 6:03 pm
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Default Re: Born in the USA

Welcome!

Are you in Houston?
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Old Jul 16th 2007, 6:04 pm
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Default Re: Born in the USA

Yes, how did you guess?
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Old Jul 16th 2007, 6:06 pm
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Default Re: Born in the USA

Unless you are a diplomat, any child born here is a US citizen automatically. It is in the Constitution--14th Amendment. It's why some illegals literally run across the border when they go into labor pains and give birth at the USCIS stations along the border (yeah, it happens).

And in addition, I believe it is basically impossible for you to renounce that citizenship on behalf of your child--only they can do it, and only when they turn 18.

Insurance varies as everyone will tell you, but generally you only have 1 copay (the first visit) when you are pregnant and after that most things after that are covered. You may have a few extra expenses like a single room during recovery (insurance pays for shared rooms). I think there is also a mandated minimum time in the hospital post-birth that is legislated into most insurance plans.

Last edited by penguinsix; Jul 16th 2007 at 6:44 pm.
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Old Jul 16th 2007, 6:06 pm
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Default Re: Born in the USA

Originally Posted by scottishlass7 View Post
Hi everyone, thanks for the welcome!
The father s a UK citizen too, I am here on an L2 visa-he is on an L1. Not totally sure about health insurance yet, but should be fairly comprehensive as he works for a big oil company and they provide the healthcare etc.
Thanks again!
I've always understood if a child is born here he/she can claim US citizenship.


This may help

http://en.wikipedia.org/wiki/United_...ationality_law
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Old Jul 16th 2007, 6:07 pm
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Default Re: Born in the USA

Under the currently accepted reading of the U.S. Constitution's guarantee of birthright citizenship, any person born within the United States and subject to its jurisdiction is now automatically a U.S. citizen, regardless of the legal status or the citizenship of that individual’s mother or father. American Indian tribal members are not covered by the constitutional guarantee, but they were granted citizenship by the Indian Citizenship Act of 1924. Children born to foreign diplomats or to hostile enemy forces or born on U.S. territory while it is under the control of a foreign power are not considered subject to U.S. jurisdiction and therefore are not citizens at birth. Throughout the history of the United States, the fundamental legal principle governing citizenship has been that birth within the territorial limits of the United States confers United States citizenship.[1]

Birthright citizenship has its roots in English common law. Calvin’s Case, 77 Eng. Rep. 377 (1608), was particularly important as it established that under English common law “a person's status was vested at birth, and based upon place of birth--a person born within the king's dominion owed allegiance to the sovereign, and in turn, was entitled to the king's protection."[2] This same principle was adopted by the newly formed United States, as stated by Supreme Court Justice Noah Haynes Swayne: "All persons born in the allegiance of the king are natural- born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country…since as before the Revolution." United States v. Rhodes, 27 Fed. Cas. 785 (1866).

The modern world is divided up into nations with each nation, at least nominally, exercising control over its own territory and the people who reside within that territory. Among modern nations, citizenship at birth is conveyed in one of two ways; either though Jus soli (the right of the soil or the land) meaning that one’s nationality is determined by the place of one's birth; or through jus sanguinis (the right of blood) where nationality is determined by the nationality of one's descent (parents). Birthright citizenship is the term used for Jus soli as it is applied under US law.
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Old Jul 16th 2007, 6:08 pm
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Default Re: Born in the USA

Originally Posted by scottishlass7 View Post
Hi everyone, thanks for the welcome!
The father s a UK citizen too, I am here on an L2 visa-he is on an L1. Not totally sure about health insurance yet, but should be fairly comprehensive as he works for a big oil company and they provide the healthcare etc.
Thanks again!
Assuming you have coverage for the birth (don't assume but check and double check unless you fancy losing $20k or so!) would make more sense to have the sprog in the US. Sprog will then have US citizenship (courtesy of Amendment XIV) and UK citizenship through both of you. US dual citizenship issues are here; the UK doesn't really have any.
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Old Jul 16th 2007, 6:13 pm
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Default Re: Born in the USA

That's a good link above--really the only issue will be the fact that your child, regardless of whether they have a UK passport, will also need a US passport for the purposes of entering the US. It is against the law for a US citizen to enter the US on another passport.

If the insurance works out and you find a good group of OB/GYNs you like and a nice hospital to have the baby, then you really should consider the advantages of giving the baby dual citizenship. In 20 years they could sponsor you for a green card.

Oh, one other thing--if it is a boy he will have to register for military service (the draft) when he turns 18. Of course we haven't had a draft in over 34 years, but still it would be something he would have to fill out when he turns 18.
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Old Jul 16th 2007, 6:20 pm
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Default Re: Born in the USA

Thanks everyone, that is a great help. I guess I have a few months to make the decision, I really appreciate the help as my heads spinning-must be the hormones!!!
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Old Jul 16th 2007, 6:27 pm
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Default Re: Born in the USA

Originally Posted by scottishlass7 View Post
Thanks everyone, that is a great help. I guess I have a few months to make the decision, I really appreciate the help as my heads spinning-must be the hormones!!!
Is it your first ? They dont seem to want to let you have the Baby when it's ready to come out in it's own time over here you know. And welcome Newbie.

Last edited by britvic; Jul 16th 2007 at 6:30 pm.
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Old Jul 16th 2007, 6:31 pm
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Default Re: Born in the USA

Originally Posted by fatbrit View Post
Assuming you have coverage for the birth (don't assume but check and double check unless you fancy losing $20k or so!) would make more sense to have the sprog in the US. Sprog will then have US citizenship (courtesy of Amendment XIV) and UK citizenship through both of you. US dual citizenship issues are here; the UK doesn't really have any.

BTW my daughter had her son without medical coverage and she had gestational diabetes during pregnancy. Her doctor's bill for a top notch OB was $4,500; the hospital delivery room, associated hospitals fees for testing, etc. and one night stay was under $5,000. So it is very possible to have a pregnancy with complications and still not hit the $20,000. Also helps to be able to pay in cash at the time of checkout. Saved them 20% in discount for paying upfront.
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